JUDGMENT

Low Hop Bing JCA:

Appeal

[1] After a full trial, the learned judge of the Kuching High Court ("the trial judge") dismissed the appellant's ("the plaintiff's) claim with costs. This is the plaintiff's appeal against that decision.

Plaintiff's Claim

[2] The plaintiff's claim against the respondent ("the defendant") is for damages and loss sustained by the plaintiff as a result of an alleged breach of agreement entered into between the plaintiff and Arena Jernih Sdn Bhd ("Arena Jernih") as the defendant's attorney or agent for the supply of engineering works, thereby making the defendant primarily liable for RM230,019.75 due under a payment certificate, RM36,767.75 (ie RM11,210 plus RM25,557.75 being retention monies), RM30,000 being costs of standby machinery, and damages to be assessed, in addition to interest and costs.

Finding Of Facts By Trial Judge

[3] At all material times, the defendant was the registered owner of the land known as "Lot 16 Block 1 Miri Concession Land District" ("the land").

[4] The defendant entered into a development agreement dated 22 July 1994 with Arena Jernih ("the DA") to develop the land into an industrial, commercial and housing estate ("the project"